Section 31D of the Copyright Act, 1957 of India was
introduced vide an amendment to the Act in 2012 which provides for Statutory
licence for broadcasting of literary and musical works and sound recording.
Section provides that any broadcasting organisation desirous of communicating
to the public by way of a broadcast or by way of performance of a literary or
musical work and sound recording which has already been published may do so
subject to the provisions of the Section.
introduced vide an amendment to the Act in 2012 which provides for Statutory
licence for broadcasting of literary and musical works and sound recording.
Section provides that any broadcasting organisation desirous of communicating
to the public by way of a broadcast or by way of performance of a literary or
musical work and sound recording which has already been published may do so
subject to the provisions of the Section.
Various stakeholders raised queries as to whether ‘any
broadcasting organisation’ includes internet broadcasting organisations as well
or only includes conventional media such as radio or TV.
broadcasting organisation’ includes internet broadcasting organisations as well
or only includes conventional media such as radio or TV.
The Department of Industrial Policy and
Promotion, Ministry of Commerce and Industry (Copyright Section) has, vide office
memo dated 5.9.17 clarified that ‘any broadcasting organisation’ shall
include internet broadcasting organisations as well. In clarifying the above,
the authority made reference to the definition and meaning of the term ‘communication
to the public’ and observed that the same means and includes any media.
